The Detroit Institute of Arts gave free admission to the museum in return for a millage approval. / Paul Sancya/Associated Press

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Detroit Free Press Staff Writer

A Macomb County Circuit Court judge threw out a lawsuit Wednesday that was filed against the Detroit Institute of Arts by five county residents who said the museum breached its contract with voters when it denied them free admission to a Fabergé special exhibition.

Judge John Foster issued an opinion and order granting the DIA's motion to dismiss the lawsuit. He also denied a request by the residents to amend their pleadings. The case is closed, according to the opinion and order.

Shyler Engel, the residents' attorney, had no comment but said in an e-mail that the plaintiffs "are still weighing their legal options."

Attorneys for the DIA could not be immediately reached for comment. No one at the DIA was available for comment Wednesday.

The residents, supporters of a taxpayer group that opposed a millage for the DIA, filed the lawsuit in December. It came after voters in Macomb, Oakland and Wayne counties passed a 10-year property tax millage to support an art institute authority. The millage narrowly passed in Macomb County.

In return for the millage approval, the DIA promised free admission to the museum for tri-county residents. The five Macomb County residents contended the service agreement between the DIA and the Macomb County Art Institute Authority also provided free access to special exhibitions. The DIA said the agreement did not require free admission to those exhibits.

Leon Drolet, chairman of the Michigan Taxpayers Alliance and one of the plaintiffs, said the residents "strongly disagree with the judge" that county taxpayers have "no standing" to enforce the service agreement and that the plaintiffs do not have a Michigan Consumer Protection Act complaint with the DIA.

"We don't see how the DIA is any different than ... any other nonprofits that conduct business in the state," said Drolet, a former state representative from Macomb Township.

"We're just as convinced as ever that the DIA did indeed misrepresent citizens during their campaign and also should be held to the terms of the contract. Taxpayers should indeed have the right to enforce that contract," he said.

Drolet, Judy and Dennis Buchholtz of Warren, Philis DeSaele of Sterling Heights and Simon Haddad of Clinton Township filed the lawsuit after Drolet, DeSaele and Haddad went to the DIA to fact-check Facebook postings that people were upset about being charged to see the "Fabergé: The Rise & Fall" exhibit, which ended in January. The trio declined to pay for the exhibit, Drolet has said.

Among other things, the lawsuit asked for the court to permanently prohibit the DIA from collecting any admission fee from Macomb County residents and to enter an order forbidding the DIA from further representing to the public that it offered unlimited, free museum admission to Macomb County residents.